OXFORD ­– Around 120 concerned citizens, both for and against the enactment of a nine-month moratorium on hydraulic fracturing, poured into Oxford’s American Legion Tuesday night for a public hearing hosted by the village board.
Citizens were given the opportunity to voice concerns regarding the village’s fracking measure. The proposed ordinance was recently reviewed by the Chenango County Planning Board, which approved it with concerns. Before opening the floor to the public, Village Mayor Terry Stark addressed the county’s concerns and stated he fully intends to respond to them within the next five to six days.
It was also announced that, due to the absence of board member Dale Leach, the board would not make a decision last night. Instead, Stark said the village would make use of the 60-day grace period after the public hearing to make its final decision. The meeting was taped for Leach to review and Stark said he’d make the board’s decision process as transparent as possible, making every effort to inform the public when the final vote will be on the agenda, with the earliest possible date being the board’s next meeting on Nov. 27.
Thirteen people addressed the board last night – five spoke in opposition and eight spoke in support of the moratorium.
Bryant LaTourette of Oxford addressed the board with questions concerning the village’s lawyers. “From my understanding the moratorium was drafted by the Slottjes for free, but who really paid for it? They are responsible for the moratorium stricken down in Binghamton ... Before you make your final decision, I ask you to wait for New York State regulations to be released. At such time, then study them to avoid any unnecessary waste of time and your taxpayers’ money. After your proper due diligence, then structure a moratorium allowing for time and funds to be properly allocated.”
Willard Bradley of Oxford spoke next. “I have questions pertaining to the county board’s concerns. It appeared to me that the county would actually be in charge of the Oxford zoning, but it sounds like that is actually not going to be the case and there was just a disagreement of terms, is that correct?”
Stark responded that was the case. The county referred to enforcement officers as opposed to Oxford’s zoning officer.
Bradley’s second point involved the county planning board’s concern over the difference between the Binghamton moratorium and the one proposed by the village.
Stark said the difference involved the fact that Binghamton invoked its police powers to initiate that moratorium, which led to the court striking it down because it wasn’t justified based on the three-prong stipulation including the necessity of dire emergency, whereas the village of Oxford’s proposed moratorium derives its legitimacy from land use, or zoning ordinances, in which the stipulations regarding the police powers moratorium do not apply.
Bradley said he disagreed with Stark and asked the rest of the board if they had received, read, and understood the concerns of the county planning board.
Trustee Matt Voce replied, “I’ve read it, but I don’t understand it to be completely honest.”
To this, Bradley responded, “Well, I guess that is why I am bringing it up. I want to hear what the rest of the board has to say on it and not just Terry, for that very reason.
Trustee Joe Spence replied, “My perspective is that, the Binghamton decision will not apply, and my reason for pursuing this is that I believe the Village of Oxford and its residents are better suited to determine our local approach to this issue, which I do, in my gut, think is going to end up happening in New York. I think as far as local issues are concerned, that we are better suited to determine them than a bureaucrat in Albany, so that is one of the reasons I want to look at this more closely.”
Bradley concluded by saying, “I think it would save time and effort to not enact a moratorium and instead to just wait for the state and listen to what they have to say. I also think that business and land owners are going to be adversely affected.”
Jeff Barrows of Oxford read a letter addressed to the board from Norse Energy Corporate Counsel Ryan Holbrook. In the letter. Holbrook cited Justice Lebous’s decision in the Binghamton case, quoting the justice: “The city cannot just invoke its police power solely as a means to satisfy certain segments of the community.” Holbrook continued saying, “The circumstances that would be necessary to pass a valid moratorium did not exist in the City of Binghamton and likewise do not exist in the Village of Oxford. Clearly, you should not be exposing the village and its already burdened taxpayers to potential liability for those injured by this action by proceeding regardless of the precedent set by the recent Binghamton decision.”
During Dave Davis’ time at the podium, he said, “First of all, we are not here to threaten you and think that certain individuals are here to threaten you – to make claims of lawsuits and that people are going to get hurt. And secondly, I am not a lawyer, but there seems to be a lot of legal opinions about the wisdom of having a moratorium now as opposed to after the SGEIS is approved. Personally, I think that if the village waited until the SGEIS was released, we would be looking at suits and a lot of other legal complications that we would avoid by having a moratorium and looking at this issue thoroughly at this time.”
Ed Phetteplace of Oxford said, “I agree with Joe about being patient. They (the board) better represent us on local situations, instead of a state law. And when it comes to the price of oil and gas, I have a nephew in the armed forces and I don’t want us to have to pay for foreign oil either and I think we should use natural gas – but I think it better be done in a respectful and safe manner. When you’re out in the town of Oxford, in the country, I think what you do with your land is a lot more personal. But when you’re in the village, it is affecting more people locally and I think that we have to look at that and think about everybody within the radius of what that is going to affect. In village, it is more critical and I respect the board’s decision.”